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· 1/31/1995

Michael R. Romero v. Robert J. Tansy and Attorney General of the State of New Mexico

Citations

  • 46 F.3d 1024
  • 1995 U.S. App. LEXIS 1921
  • 1995 WL 36521

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • describing defense counsel’s constitutionally required duty to advise criminal defendant regarding merit of direct appeal
  • “Counsel’s failure to investigate a defendant’s case, particularly for purposes of an alibi defense, may render his performance constitutionally inadequate.”
  • “[W]e review a district court’s factual findings based on live testimony presented at the evidentiary hearing only for clear error.”
  • if counsel's failure to perfect timely notice of appeal was ineffective assistance, then appellant has established both cause and prejudice sufficient to overcome any procedural bar to review of federal habeas claims
  • where a defendant alleges his counsel failed to adequately investigate the charges to which he pleaded guilty, he must show what the investigation would have uncovered and how that would have altered his decision to plead guilty

Source: CourtListener parenthetical corpus (CC0).

Judges: Tacha, McKay, Baldock

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.